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U.S. Employment Disability Discrimination Charges: 

Implications for Disability Management Practice

Susanne M. BruyèreSarah von Schrader Cornell University

andWendy Coduti

Michigan State University

IFDMRN-GLADNET Researchers Network

September 18, 2010

Advancing the World of Work www.edi.cornell.edu

Funding Acknowledgement

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U.S. Department of Education National Institute of Disability and Rehabilitation Research (NIDRR)

•Field-Initiated Research Project (FIR) on Using the U.S. Equal Employment Opportunity Commission (EEOC) Employment Discrimination Charge Data System for Research and Dissemination Purposes (Grant No. H133G040265)

•Rehabilitation Research and Training Center (RRTC) on Employment Policy for Persons with Disabilities (Grant No. H133B040013)

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Presentation Overview

• Overview of the problem– Continuing economic disparities– Continuing employment disability discrimination

• Analysis of U.S. EEOC Charge Data– Where charges of discrimination are occurring– With which types of disabilities– Employer characteristics– Intersection of disability and employment process

• Implications for effective disability management

Economic Disparities• In 2008, 39.5 percent people with a disability were

employed, compared to 79.9 percent for those without disabilities.

• The median annual household income of households that include any working age people with a disability in 2008 was $ 39,600, compared to $ 61,200 for households that do not have any person with disability.

• In 2008, 25.3 percent of U.S. persons with a disability in the United States were living below the poverty line, compared to 9.6 of those without disabilities

(Erickson, Lee, & Von Schrader, 2010)4

Need to Examine Workplace

• Charges of discrimination continue to occur

• With an aging workforce, need is increasing

• Other emerging populations of concern in return to work process (e.g. Veterans with mental health and traumatic brain injury disorders)

• Recognition of the importance of workplace culture, social capital, and employee engagement

• Disability management as a facilitator for change

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U.S. EEOC Charge Data• Must have an Intergovernmental Personnel Act

Agreement with the U.S. EEOC to access the data

• All employment discrimination charges from 1993 – 2007 with a focus on the ADA/disability charges

• 462,956 charges filed under ADA alone or jointly

• Includes the basis (trait upon which discrimination is based) and issue (discriminatory behaviour)

• Includes characteristics of the charging party (age, sex, and race), employer (Standard Industry Code and size of the firm), case-specific details

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Charges by Statute per 10,000 People in the Labor Force with Protected Class Characteristics, 1993-2007

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Results

• Employment disability discrimination charges trends over time

• Most often cited impairments where charges occur

• Most often cited employment processes

• Business size and industry findings

• Impairments crossed w/ employment processes

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Employment Disability Discrimination Charges Trends Over Time

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ADA Charges Over time By Age Group

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ADA Charging Party Age Distribution

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ADA Charges Over time by Sex

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Charges Across Employer Size

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Charges by Employer Size (select issues)

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Most Often Cited Industries

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Impairments Most Often Cited in Charges

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Employment Processes Most Often Cited

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Joint Filings (ADA and other Statutes)

•

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Impairments Crossed w/ Employment Processes

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Number of charges

Percent of charges citing

termination

Percent of charges citing

reasonable accommodation

All Charges 462,956 62.7 24.7

Impairment: Behavioral 74,849 67.1 24.4

Impairment: Medical 81,552 66.0 27.5

Impairment: Neurological 24,911 64.1 29.4

Impairment: Non-specific 142,540 60.8 23.3

Impairment: Orthopedic 93,254 63.4 36.9

Impairment: Sensory 26,530 52.7 25.1

Retaliation 60,707 56.5 29.4

Regarded as Disabled 45,501 65.5 15.2

Implications for Disability Management

• Educate Employers• Costs associated not addressing age related disability in the workplace

• Legal costs, health care costs, disability insurance (LTD, STD), workers’ compensation

• Don’t have to be a “cost of doing business”

• More accessible/cost effective resources small employers (> 100 employees)

• Buy in from top (culture change top down)

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Implications for Disability Management (con’t)

• Educate Employers• Get employers to “take care” of employees they disable = increased employment opportunities other PWD• Where to find Veterans seeking employment• Myths/benefits hiring and retaining older workers

•Potential upcoming worker shortage

• Common accommodations age related impairments• Benefits of prevention and wellness in the workplace 21

Implications for Disability Management (con’t)

• Who is going to do this?• Who will bring this information/education to employers?• Know addition Level III DM

• Evidence based practice in absence mgmt, presenteeism, integrated benefits, health/wellness programs (Rosenthal et al, 2007)

• Where/how will this be taught to those doing DM?• Dissertation findings = Not in RC, yet

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Rosenthal, D.A., Hursh, N., Lui, J., Isom, R., & Sasson, J. (2007). A survey of current disability management practice: Emerging trends and implications for certification. Rehabilitation Counseling Bulletin, 50(2), 76-86.

Implications for Disability Management (con’t)

• How are we going to do this?• More DM/Employer specific training in RC programs• More DM & disability awareness courses in HR programs and for HR professionals• Training aging workforce for employers and current DM/HR practitioners• Training empirical based practices/interventions

•Show me the money

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For Further Information

• USEEOC Charge Data Statisticshttp://www.eeoc.gov/eeoc/statistics/enforcement/ada.cfm

• The Authors:Susanne Bruyere – smb23@cornell.edu

Sarah von Schrader – sv282@cornell.edu

Wendy Coduti – coduti@msu.edu

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